2004-12-28 Muyres invoices letter
- ~
~~~!".!~U l€ 5975 Morn Avenue N E · PO 'ox 9 · A1berlvrlle, MN 55301 · (763) 497-33'4 · Fax (763) 497 -32' 0
December 28, 2004
Mr Doug Muyres
700 Bunker Lake Boulevard NW
Anoka, Mmnesota 55303
Re Albert VIllas 1-7 InvOlces and your letter dated December 22, 2004
Dear Mr Muyres
I too look forward to meetmg WIth you Wednesday January 5th at 2 00 P m I do want to
respond to some maccuracles m your letter As you know, we have been workmg for
months to get these bIlls resolved We have repeatedly stated that the deadlIne was the
December 20th CouncIl meetmg, whICh was the last opportumty for the CouncIl to
approve a settlement m 2004 Further, I outlmed to Charlotte that I would be wIllmg to
support and present an offer no less than 90% of the outstandmg balance, less mterest As
your secretary can confirm, I called about SIX tImes to try and get a response to no avaIl
ThIS proposal was made over a week m advance of our conversatIon, and not t"" enty
mmutes before the deadlIne
Edma Development's non-payment of developer bIllmgs and non-complIance WIth
wetland mItIgatIon was on the December 20th CouncIl agenda The dIrectIon from the
City CouncIl was to pursue these Issues through legal channels A December 21 st staff
meetmg was held WIth the CIty Attorney, ASSIstant CIty Engmeer and myself to reVIew
CouncIl actIon from the prevIOUS mght's meetmg Based on the dIrectIOn of the City
CouncIl the ASSIstant CIty Engmeer stated he would pursue the Cease and DeSIst on the
Wetland mItIgatIOn and CIty Attorney Coun would begm to draft the laWSUIt related to a
multItude of outstandmg Issues mcludmg the non-payment of bIllIngs
As you may recall on our December 21 st phone conversatIon, I saId that you would be
held to no more or no less of a standard than other developers and buIlders To msmuate
you are bemg forced to pay tills bIll through another government agency IS false The
CIty'S actIon IS the culmmatIon of a yearlong effort to seek comphance WIth the
Developers Agreement and your approved Wetland MItIgatIOn Plan Once the December
20th CouncIl meetmg passed, Edma Development left us no other alteratIve to resolve
these Issues
As a courtesy, I have asked our CIty Attorney to present a summary of the Items m the
laWSUIt pnor to the tIme It IS filed so you fully understand the scope of that actIOn None
of the Issues WIll be new as we have dIscussed them before Further, I have asked CIty
Engmeer Pete Carlson to meet wIth you to go over mdIvIdual mVOlces to further answer
your questIOns and concerns
F or most of tills year, the CIty has been trymg to assIst you to comply wIth the approved
wetland mItIgatIon plan you submItted We have offered to have your consultant submIt
an alternatIve plan Months have passed and we have not receIved anythmg We must be
very clear, that It IS Edma Development's responsIbIlIty to gam access, complete the
mItIgatIon work and momtor ItS complIance The CIty'S responsIbIlIty IS to see that you
comply wIth the approved plan that you submItted as outlIned m the Developers
Agreement
We have asked for a letter of CredIt for the 3rd and 4th AddItIons for the remammg work
that IS uncompleted Months have passed and we have not receIved that letter Perhaps
you could bnng the Letter of CredIt for the 3 rd and 4th AddItIon wIth you to our meetmg
Current bIllIngs remam unpaId We have asked for you to pay the engmeenng bIlls you
agree wIth and yet we have not receIved any payment for these engmeenng servIces
Smcerely,
~
CIty Admmlstrator
12/23/2004 TBU 13:06 FAX 7633231245 IH Homebuilders
~ 001/ 003
Edina
700 ~T.ab Bl'vd. ADob. MN SS303
Fte -1=J{I!l~
Phone (763) 323-9086
F~ (763) 323-1245
TO. ~'?' J~.JR
1
COMPANY c:;~ of. A--"-dP.q1",.I.L+"
FAX NO _ 71o:s-tt'? -3:<11.>
PHONE 7/,3 - "!t:t?- 3:181../
DATE. ~ LIz. "Z.;/t/'1
FROM
Ectlna lJetNo/JIMnt CcIpotatloo
. 700 Bunker Lake Blvd
Anoka, MN 55303
Dong Mayres
Viee PresJdellt of Operations
Pbone: (763) 323-9086 Fax: (763) 323-1245
Cell' (612) 282-4742
Dong@mmhom.ebufider" com
Number ofPages (Inc cover) .3
DOUO.
Comaents: ~ tJ...+lep t2e~. ZZ; ?-~~
4-
Jfyou do not receive all orthe ~ please can (763) 323-9086
1HANK YOU
12/23/2004 THU 13:06 FAX 7633231245 IH Homebullders
~002/003
-EDC
. I:DINA DML<ll'M>N'l' CORl'OMTION
700 Bunker Lake Boulevard NW
Anoka, MN 58303
Ph (783)323-9088/Fax (763)323-1245
December 22, 2004
Mr. LarryR. KIuse
City Admlnlstrator
Clty of Albertvllle
5975 Maw. Avenue N E
POBox 9
AlbertvIlle, MN 55301
RE. Albert Vlllas 1-7 InVOICes
Dear Larry
I am wntlng to you 1n regards to OUT conversatlons on December 15 & 21, 2004 on the above referenced
projects On December 15,2004 you called me WIth an offer to settle the d1sPu.ted mVOlces from SEH.
At that brne you offered to settle Wlth us uwe pald 90% oftl1e remammg balance ThIs offer was made to
me at approxlInately 410 PM and was only good unt1.l4'30 PM at wh1ch l.1me you would be leavmg your
office I was not prepared to accept YOUT offer due to lack ofJUstLficatIon and or documentation to support
the inVOICeS 1 also dlscussed Wlth you that I would not be able to make any decISlon WlthOut consultmg
WIth Rlck Lewandowsla. PreSIdent of Edtna Development CorporatIon,
.AJ; I am sure you recall you stated that If I dId not accept your offer that you would be pursumg legal
actlon agamst EDC You also stated that you would not ISSue bUlldlllg penmts to us and would get a Cease
and DesIst order filed agamst us On Tuesday December 21, 2004 we recelved a call from the DNR stanng
that Todd Udvlg from SEH was requestmg that they place a Cease and DeS1st Order on EDC Dunng my
discussion Wlth R1ck from the DNR, r stated. to 1mn that 1 completed everytlung that the CIty, the Clty
Engmeer and Todd UdVIg would allow us to complete Ongmally we were mstructed to complete area 1M
by both Pete Carlson and Bob Moberg from SEH After I made arrangements and got pennlsslon to enter 3
of the 4 affected propcrl1es I was Dotrlied by Mr Moberg that the Clty dId not have easements that would
allow us to work:ln thIs area We were also in.structed not to work In area 5m due to some posSlhle
lrtxgatlon We proceeded to complete areas 3M, 4 M and the area of 2M that the Clty would allow us to
complete All of the completed sect10ns have been seeded and mulched for the wmter
I was very frustrated that you would try 10 use another government agency to force us to pay a blll that
Camlot be substantIated You have lnformed us that we are m pOSSes5lon of all the documents from SEH and
yet we are not able to tie ou.t the daJIy logs to the lnVOICeS As the developers agreements state, the
Developer has the nght to request tIme sheets ofwork records to verify satd blllmg poor to payment As
you know as of today we do not have suffiCIent data to support the bxllmgs We WIll make every effort to
come to a fiur resolutIOn of the bllhngs but will not be threatened or strong anned mto rnalo.ng an unfarr
settlement